questions on tenant and landlord rights

[wren]

Hi

I don’t know if I have a leg to stand on. My lease is up on January 3lst. I was only able to give 10 days notice instead of 20 because I hadn’t found a place yet and my landlord was open to me staying on.

However I plan to be out by February 15th and that he would prorate and let me pay a half a months rent to him. He will not. I have read through my lease but it makes me blurry eyed I don’t see anything that says I can or can’t do this.

thanks!

Share This

[KBear]

Sorry for your predicament. I believe your landlord has the right to charge you the full month’s rent.

http://www.tenantsunion.org/en/rights/before-vacating

Share This

[JoB]

sadly.. too many people do what they can because they can.

it doesn’t make it right.. but it does make it legal

Share This

[birdrescuer]

As a person who rents property: Late notice makes renting very difficult. Mid month rentals are virtually impossible. If someone leaves in the middle of the month it costs the owner that much money. Is that right?

Share This

[squareeyes]

KBear is correct. I tried to do the same thing several years ago when moving from a rental to my new home mid-month and was compelled to pay the full month. In my case it worked out well as I was able to paint and prep before moving my stuff over, and it gave me plenty of time to get the apartment clean.

Since I plan to rent out my house later this year once I move in with my intended, I can’t complain overmuch about any landlord rights…

Share This

[anonymous123]

In most cases, the only time a landlord will allow you to have your rent prorated on such short notice is if you find someone who wants to move into your space and is willing to pay the remainder of the rent after yours was prorated. Other than that, there’s really nothing you can do besides pay the full amount for the rest of the month. Like what squareeyes said above though is that the extra time can be useful in making sure you get your old place cleaned well enough to get back your deposit (assuming you paid a refundable deposit) and you won’t have to worry about rushing to get out.

Share This

[Aim]

Actually, I was in this situation a few years ago. If your contracted lease actually ends on Jan 31 as opposed to just being month-to-month (like if it had ended in Dec and you stayed one more month) you do NOT owe the 20 days notice…

“RCW 59.18.220 states that the tenancy ends when the lease ends. It is still a best practice to always give your landlord some notice before you move out to let them know what your plans are. Read detailed information on breaking your lease at Rental Agreements. The landlord may claim that you are still in possession of the property if you still hold the keys after the termination date, and may charge you for the following month’s rent.”

From http://www.tenantsunion.org/en/rights/faq/vacating#i-am-tenant-on-a-lease.-how-much-notice-do-i-have-to-give-in-order-to-vacat

Share This

[wren]

Hello

I haven’t been on for awhile. I just wanted to thank everyone for their advice and let you know

that my landlord and I came to an agreement.

Share This

[sb2780]

I actually have a follow up landlord question, related, but somewhat different. Does anyone know how difficult it is to file a claim against your landlord in small claims court if they fail to refund the deposit? I am in sort of a contentious situation with my landord because I broke my lease, but gave them 45 days notice prior to vacating, and they were able to find a new tenant immediatly who is taking over the lease starting in February. Nothing in the terms of the lease designates that they are able to keep the deposit as a ‘penalty’ if I moved out early, and since they have suffered no monetary loss in rent since they were able to find a new renter after my full payment of rent for January, shouldn’t I be entitled to get back the refundable deposit?

Share This

[BearsChick]

If you broke your lease, the landlord does not have to refund your deposit. They can choose to, but they do not have to.

Share This

[Author]

Posts